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Know Your Rights: Supports for people who are unable to work due to illness or disability

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Q. What Social Welfare (SW) supports are there for people who have to take time off work due to illness?

There are a number of illness related SW payments. If you have an accident at work or while travelling directly to or from work (on an unbroken journey) you would be eligible to apply for Injury Benefit if you are off for at least six days (not including Sunday or Public Holiday).
If you are working as an employee and have enough PRSI paid, you will generally go on to Illness Benefit first. This payment is not available to self-employed people. It is paid for a maximum of two years. Illness Benefit is not linked to your employer's policy on pay for sick leave. Whether your employer pays you or not while you are out sick from work, you should claim Illness Benefit from the first day of your illness.

Q. Does an employer have to pay sick pay if an employee is out sick?

In general, you have no legal right to be paid while you are on sick leave from work. Currently it is at the discretion of the employer whether or not sick pay is paid. Employees should check what it says in their contract of employment. This is due to change in 2022 and legislation will have to be enacted to bring in a legal entitlement to some paid sick leave.

Q. What changes are proposed in 2022?

Firstly, it is important to state that this is a draft scheme. Changes may take place before it is enacted. At present it is planned that the draft scheme will introduce:

Paid sick leave for up to three sick days in 2022. This is planned to increase to five days in 2023, seven days in 2024 and 10 days in 2025.
A rate of payment for statutory sick leave of 70% of normal wages to be paid by employers (up to a maximum €110 per day).
To be entitled to paid sick leave under the new scheme, you must be working for your employer for at least six months. You will also need to be certified by a GP as unfit to work.

Q. Can you get Illness Benefit and sick pay at the same time?

You can apply for Illness Benefit while you are also getting sick pay. But if your employer already provides sick pay, they will probably ask you to sign over any Illness Benefit payment to them for as long as the sick pay continues.

Q. What happens if someone is still unable to go back to work after two years or has a long-term illness?

Invalidity Pension is a weekly payment to people who cannot work because of a long-term illness or disability and are covered by social insurance (PRSI). At 66, you transfer automatically to the State Pension (Contributory) at the full rate. Invalidity Pension is taxable. You are entitled to a Free Travel Pass. You may also get extra social welfare benefits, for example, the Household Benefits Package. Invalidity Pension is also available to the self-employed who meet the PRSI requirements, which is a very positive development since 2017.

Q. What happens if you do not have enough PRSI contributions for Illness Benefit or Invalidity Pension?

In this situation, if you have a long-term illness or disability that has continued for at least one year or is expected to continue for at least one year and as a result you are substantially restricted from taking up suitable employment you would be applying for Disability Allowance. This is a means tested payment. If you have a short-term illness e.g. broke a bone and you do not qualify for Illness Benefit, your only option would be to apply for Supplementary Welfare Allowance which is a short-term emergency payment. This is also means tested.

Q. Is it different if somebody has to take sick leave due to COVID-19?

If a worker is told to self-isolate, restrict their movements or diagnosed with COVID-19, they can apply for a COVID-19 enhanced Illness Benefit payment of €350 per week. Both employees and self-employed people can qualify for the COVID-19 enhanced Illness Benefit. This payment remains in place until February 8, 2022.

Q. What happens to my annual leave when I am off sick?

If you become ill during your annual leave and get a medical certificate for the days you are ill, these sick days will not be counted as annual leave days. Instead, you can use the same number of days as annual leave at a later date. An employer cannot insist that you take annual leave on days you are off sick, if you have a medical certificate for those days. You can build up your annual leave entitlement while you are off sick, as long as you have a medical certificate. If you are on long-term sick leave and cannot take your annual leave due to illness, you can carry it over for up to 15 months after the end of the year it was earned. If you leave your job within these 15 months, you should get payment instead of the leave you did not take due to illness.

Q. If a situation arises where somebody has been off work and on an illness related Social Welfare payment but feels that they would like to go back to work but are unable to do so on a full-time basis due to their health issue - have they any options?

You have some options and these depend on which Social Welfare payment you are receiving. If you have been getting Illness Benefit (for a minimum of six months) or Invalidity Pension and wish to return to work, you may qualify for Partial Capacity Benefit if your capacity for work is reduced by your medical condition. You will need to contact the Partial Capacity Benefit Section of the Department of Social Protection. They will send out an application form to you (forms are not currently available online). A Medical Assessor will assess the restriction on your capacity for work. This may require you to attend a medical assessment. You should include all appropriate medical evidence with your application. If you qualify for Partial Capacity Benefit, you are not required to send in medical certificates. You can apply for Partial Capacity Benefit before you start to look for work and any reduction (if applicable) to your personal rate is not applied until you start work.

Q. Is it different if you are getting Disability Allowance?

If you are receiving the means tested Disability Allowance (DA) and you start work, you need to notify the Department of Social Protection (DSP) and provide proof of your earnings. A wage slip, your contract of employment or a letter from your employer can be used as proof of your earnings. You can work and earn up to €140 a week (after paying PRSI, pension contributions and union dues) without your DA payment being affected. Amounts over this will impact on your Social Welfare payment. If you contact Citizens Information, we will go through the means test in detail with you and show how much you could expect to receive.

There is a lot of information here - so if someone would like more information they can call a member of the local Citizens Information team in Kerry on 0761 07 7860, email tralee@citinfo.ie, or log on to www.citizensinformation.ie for further information.

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Junior Brother to make Mike the Pies debut this May

Kilcummin musician Junior Brother is set to play Mike the Pies for the first time when he takes to the stage at the popular Listowel venue on May 21. The […]

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Kilcummin musician Junior Brother is set to play Mike the Pies for the first time when he takes to the stage at the popular Listowel venue on May 21.

The local artist has built a strong reputation on the Irish folk and alternative scene and released his third album, The End, last September. The record followed a steady rise in profile since the release of his debut album Pull The Right Rope, which was nominated for the Choice Music Prize for Irish Album of the Year.
Junior Brother also picked up two nominations at the 2019 RTÉ Radio 1 Folk Awards, where he was shortlisted for Best Folk Album and Best Emerging Folk Act. His distinctive songwriting and live performances have since seen him share stages with a range of well-known acts, including The Proclaimers and Glen Hansard.
Hansard later invited the Kilcummin man to join him on a tour of the east coast of the United States.
Tickets for the show are priced at €20 and are available through the Mike the Pies website.

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Carrig Cup gathering honours Mike Gaine

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A Christmas gathering in memory of Mike Gaine brought friends and rally competitors together at Kenmare Golf Club on January 3, where the first winners of the Carrig Cup were also recognised.

The new trophy was claimed by driver Tommy Randles and co-driver Darragh Lynch, making them the opening names on the cup.


The award will be competed for every six months on both the Killarney Historic Rally and the Rally of the Lakes.


Randles thanked the Gaine family for presenting the trophy and the club members who supported the night.


He said: “I would like to take this opportunity to thank all the people and KDMC club members that came to the Kenmare Golf club last night to the Christmas gathering of friends in memory of Mike Gaine and in recognition of the Carrig cup and myself and Darragh Lynch as the first winners it was a great night with rally stories of the past been told until early in the morning I would like to thank Mike Casey and his team of Kenmare golf course for the bar service and food on the night which was thoroughly enjoyed by everyone and I would like to wish you all a very happy new year and hope 2026 will be a great year for everyone.”


Co-driver Lynch added:
“The fact that the cup will be won every six months for both the Historic Rally and the Rally of the Lakes means it will have an amazing history to it in a few short years so for myself and Tommy to be the first names on it is special. I’d like to thank the Gaine family for putting forward the cup and the rally community of Kenmare for supporting it so strongly. The cup will keep Mike’s memory safe and strong forever more now and it was great to see such a crowd on the night.”

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